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Posh Policy

POSH Policy of Technocon Group of Entities under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“POSH Act”)

SCOPE OF POLICY

TECHNOCON GROUP has envisioned establishment of POSH ICC committee that will help women against sexual harassment at workplace. The policy will be implemented across Technocon Group of Entities at each location of its operation. TECHNOCON GROUP would engage a committee to implement the said policy.

The Purpose of the POSH Policy is meant to promote a healthy work environment that is free from any kind of harassment for all those who covered under POSH Act. The policy provides for an effective Complaint and Redressal mechanism for any cases of Harassment including Sexual Harassment.

This policy will be governed by POSH Act including meanings, analysis, perceptions, interpretations, assumptions of all definitions, abbreviations, glossary and legal words as per the Act and any relevant state or local laws.

GOVERNANCE OF THE POSH POLICY

TECHNOCON GROUP & POSH COMMITTEE MEMBERS agree to have an Internal Complaints Committee for Implementation, Redressal Mechanism, lodging a complaint, receiving a complaint, Resolution procedure through conciliation, Inquiry Procedure and ongoing investigation in related matters ahead.

The Governance Structure at TECHNOCON GROUP would have Internal Complaints Committee chaired by the Presiding Officer, led by three members (within the organization) and one external member.

The detailed proposed structure of the committee as per Section 4 of the POSH Act is:

Name	Designation	Contact Details
Mrs. Jui Dutta (Senior Woman employee)	Presiding Officer	jui.dutta@technoconservices.com
Mr. Gautam Dutta	Internal Member	gautam.dutta@teknoconstant.com
Mr. Uttpal Chandro Das	Internal Member	uttpalchandro.das@technoconservices.com
Ms. Sulogna Ghosh	Internal Member	sulogna.ghosh1@technoconservices.com
Mrs. Jhilick Das (Legal expert)	External Member	das.jhilick2014@gmail.com

RESPONSIBILITIES OF TECHNOCON GROUP

To treat each employee with respect and dignity and expect everyone to promote a sense of personal responsibility.

To provide equal opportunities for the development and advancement of our employees; protect their privacy and do not tolerate any form of harassment or discrimination.

To provide protection against sexual harassment of women at workplace and the prevention and redressal of complaints of sexual harassment and matters related to it by ensuring employees are informed about the POSH policy and the ICC structure.

To provide necessary facilities and support to the ICC to conduct inquiries.

To ensure the ICC functions independently and without undue influence.

To Implement recommendations made by the ICC in a timely manner.

To conduct regular POSH awareness and sensitization workshops.

Compliance with Section 19 of the Act.

RESPONSIBILITIES OF POSH ICC COMMITTEE MEMBERS

To receive complaints of sexual harassment at the workplace.

To initiate and conduct fair and unbiased inquiry as per the established procedure accordance with POSH Act.

To submit findings and recommendations of inquiries to the employer within the statutory timelines.

To maintain records of complaints, inquiries, and actions taken and to coordinate with the employer in implementing appropriate action.

To maintain strict confidentiality throughout the process as per established guidelines of the complaint, parties, and proceedings etc. in accordance with POSH Act.

To conduct awareness sessions and training programs.

To submit an annual report in the prescribed format in accordance with POSH Act.

Others as per Posh Act.

FILING/WITHDRAWING A COMPLAINT WITH INTERNAL COMPLAINTS COMMITTEE (ICC)

To file a complaint with an Internal Complaints Committee (ICC) under the POSH Act, a woman must submit a written complaint to the ICC within three months of the incident, or three months from the last incident in a series.

The complaint can be submitted in paper form to any ICC member or by email (posh@technoconservices.com) through complaint form available on respective websites of Technocon Group of Entities or it can be send through post or courier or any other mode at registered office address i.e. P-28, Kasba Industrial Area, Phase III, Kolkata, West Bengal 700107 addressing any ICC member, and in some cases, a third party can file on behalf of the aggrieved woman with her consent.

The complaint can be filed by any aggrieved woman at She-Box portal also, introduced by Ministry of Women and Child Development (GOI) as an Online Complaint Management System for Sexual Harassment at workplace (link: www.shebox.wcd.gov.in).

Withdrawing a Complaint Before Investigation:

Withdrawal Allowed: The complainant can withdraw the complaint in writing at any time before the ICC starts the inquiry.

Conciliation: The ICC can initiate conciliation between the complainant and the respondent if the complainant requests it and the respondent agrees. This can lead to a settlement, and the complaint may be withdrawn.

Withdrawing a Complaint During Investigation:

Withdrawal Not Allowed: Once the investigation process has started, the complainant cannot withdraw the complaint.

Investigation Must Continue: The ICC must complete the investigation and issue a report, regardless of the complainant’s desire to withdraw.

Important Considerations regarding withdrawal of complaint:

Reasons for Withdrawal: The ICC must ascertain the reasons for the withdrawal and record them in writing.

Counter-Signature: The complainant must counter-sign the written statement of reasons for withdrawal.

Material Gain: Conciliation cannot involve monetary settlements or any other form of material gain.

Non-Compliance with Settlement: If the respondent fails to comply with the terms of a settlement reached through conciliation, the ICC must proceed with the investigation or forward the complaint to the police.

If the Internal Complaints Committee (ICC) determines that a POSH complaint is not substantiated, the ICC will issue a report indicating that no action is required. If the ICC also finds malicious intent in the complaint, it can recommend action against the complainant, potentially including penalties like a written apology or warnings, according to the Indian laws.

When a complaint is substantiated under the POSH Act, the Internal Complaint Committee (ICC) can recommend various actions to the employer, which may include disciplinary action like Warning or Reprimand, Suspension, Withholding of Promotion, Withholding of Pay Rise or Increments or other potential actions like counseling, Written Apology, Transfer, Interim Reliefs, no-contact order etc. and in severe cases, termination of employment etc.. The specific actions recommended will depend on the severity of the harassment and the organization's service rules.

The specific actions the ICC can recommend are also governed by the organization's service rules and policies or other internal management policies. The ICC's recommendations are submitted to the employer, who is responsible for implementing disciplinary action or other measures.

INVESTIGATION PROCEDURE

The complainant submits a written complaint to the ICC within three months of the incident as aforementioned, along with supporting documents and witness details.

The ICC forwards a copy of the complaint to the respondent within 7 working days and requests a response.

The respondent has 10 working days to submit their response, including supporting documents and witnesses.

The ICC conducts the inquiry, ensuring a minimum of three members are present, including the Presiding Officer and the External Member. The inquiry must be completed within 90 days.

The ICC follows principles of natural justice, allowing both parties to present their case and cross-examine witnesses.

The ICC maintains confidentiality of all proceedings and the identity of the parties throughout the investigation.

If the complainant or respondent fails to appear for three consecutive hearings without a valid reason, the ICC can terminate the inquiry with proper notice.

Neither party can bring a lawyer to represent them during the inquiry.

The ICC prepares a detailed inquiry report with findings, conclusions, and recommendations, which is submitted to management within 10 days of completing the inquiry. This report outlines the reasons for the findings, conclusions, and recommendations, including any disciplinary actions proposed. The report is also shared with the complainant and the respondent.

The management then takes appropriate action based on the ICC's recommendations, which may include disciplinary measures, counseling, or training programs. The employer is obligated to implement the recommendations of the ICC within 60 days and inform the ICC about the implementation.

APPEAL AND EMPLOYER'S ROLE UNDER POSH

Pursuant to Section 18 of the POSH Act, any party aggrieved by the findings or recommendations of the Internal Complaints Committee (ICC) may prefer an appeal to the court or Tribunal as per the prevailing Act and other laws and jurisdiction for the time being in force and service rule policy of Employer, if exist within 90 days of receiving the decision.

It is clarified that the ICC is an independent statutory and quasi-judicial body constituted under the Act. The Technocon Group and its management shall not be considered a party to the appeal or its proceedings, provided that the Technocon has fulfilled its statutory obligations pursuant to Section 19 of the Act as Section 18 of the Act allows appeal only against ICC’s recommendation.

Therefore, any dispute or appeal must be directed against the findings, decision and recommendations of the ICC, and not against the Technocon Group of Entities or Employer, where statutory compliance has been duly met under section 19 of the Act. Any challenge shall lie only against the ICC’s findings.

APPELLATE AUTHORITY/TRIBUNAT/COURT FOR FILING APPEAL AGAINST ICC RECOMMENDATIONS BY ANY AGGRIEVED PERSON AS PER SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION, AND REDRESSAL) ACT, 2013 :

Pursuant to Section 18 of the Act, any party aggrieved by the findings or recommendations of the Internal Complaints Committee (ICC) may prefer an appeal to the court or Tribunal as per the prevailing Act and other laws and jurisdiction for the time being in force and service rule policy of Employer, if exist within 90 days of receiving the decision. So, for the Technocon Group of Entities the following are the Appellate authorities:

1. Internal Appellate Officer:

The Appellate Authority shall be the Chief Human Resources Officer (CHRO), or any officer not involved in the ICC, designated for this purpose by the Board and it will be final appellate authority in all the cases of Sexual Harassment until Board decided the case severity requires to go with 2,3 or 4 Appellate authorities.

2. Appeals Review Panel:

A three-member POSH Appeals Panel constituted by the Board of Directors, comprising one independent member depending upon the severity of the case.

3. External Authority:

An external appellate officer (e.g., Retd. Judge / External Counsel) appointed annually by the Board in case of sensitive or high-profile cases.